What rights do non-citizens have?

Non-citizens in the United States enjoy substantial constitutional protections, including equal protection of the laws and due process before the government may deprive them of life, liberty, or property. The Fourteenth Amendment Equal Protection Clause and Due Process Clause apply to any person within the jurisdiction of a state, not only to citizens. The Fifth Amendment Due Process Clause similarly applies to all persons in dealings with the federal government. The Supreme Court emphasized in Yick Wo v. Hopkins (1886) that these protections apply to all persons within the territorial jurisdiction, without regard to any differences of race, of color, or of nationality. Plyler v. Doe (1982) struck down a Texas law that denied public education to undocumented immigrant children, applying the Equal Protection Clause to lawful and unlawful residents alike.

Specific rights extended to non-citizens include the freedoms of speech, press, religion, assembly, and petition under the First Amendment, although Bridges v. Wixon (1945) and Reno v. American-Arab Anti-Discrimination Committee (1999) have produced some adjustments in immigration enforcement contexts. Non-citizens enjoy Fourth Amendment protection against unreasonable searches in the United States, the Fifth Amendment privilege against self-incrimination, the Sixth Amendment rights to a fair trial and counsel, and the Eighth Amendment ban on cruel and unusual punishment. Padilla v. Kentucky (2010) recognized that the Sixth Amendment requires defense counsel to advise non-citizen clients of the immigration consequences of guilty pleas.

Non-citizens may sue and be sued in federal and state courts, may file civil rights claims under 42 U.S.C. § 1983 against state officials, and may invoke habeas corpus to challenge unlawful detention under cases such as Boumediene v. Bush (2008), which extended habeas to Guantanamo Bay detainees.

Important rights are reserved to citizens. Voting in federal elections is restricted to citizens by 18 U.S.C. § 611. Service on federal juries requires citizenship. Most federal positions require citizenship. Federal student aid and certain federal benefits are limited to citizens or specific categories of immigrants.

Lawful permanent residents may face deportation for certain criminal convictions or violations of immigration law, although INS v. St. Cyr (2001) and Sessions v. Dimaya (2018) have placed constitutional limits on the process. State laws may impose additional restrictions on government employment, voting in some local elections, and certain professional licenses, although Sugarman v. Dougall (1973) struck down blanket exclusions of non-citizens from state civil service.

Naturalization candidates should know that the Constitution protects everyone in the United States, while citizenship adds important rights that lawful permanent residents do not have.